Can the cemetery make up their own rules or are there laws to protect consumers?
South Carolina has two statutes regarding cemetaries:
Chapter 43 of Title 27:
Chapter 8 of Title 40:
I'll leave it up to you to read them and glean what you can from them.
Do they have to go by laws in our state or the state where they are incorporated?
The have to obey the laws of the state in which they operate the facility. But that's true of any business that operates in a state in which the corporate HQ is not located.
Why are there so many plots for sell on Craigslist? Most include a vault. The cemeteries they bought from already made their money from the plot and vault sale way back when.
I can only guess that the plots were legally conveyable by deed, or the conveying of the use of the plot allowed by the cemetary, or maybe there are just lots of scammers on CL in South Carolina. You'd have to examine each ad and verify whether or not the interest in the plot can be legitimately sold.
My parent bought two plots in their name and somehow the cemetery acquired the will. They say the will left the two plots to two of the kids. Of course the parent was buried in one of these leaving the other one co-owned. I have a photo copy of what looks like the deed, and it is stamped with a cemetery stamp that resembles a round notary stamp. One child wants their name off of it since they have their own plot in the same cemetery and they are told there is a processing fee to remove their name. We thought, and I thought, that we co-owned the plot and could sell or give away to another family member. Is this fee standard?
I imagine that the fee is for the processing of whatever internal paperwork is necessary to change the records. I looked at a few CL ads here in AZ and many also mention a transfer fee charged by the cemetary.Wouldn't surprise me that a transfer fee is a standard practice wherever transfers are allowed.
.I did not have a copy of the contract. What happens if the cemetery refuses to give me one since my name will be the only one on the deed (which is not really a deed)?
I have no clue. Why not just go to the cemetary and ask for a copy rather than anticipating trouble where there might not be any?
The other child has explored selling theirs but they have only verbally agreed that they won't sell it on Craigslist. That leaves them the Facebook page for the cemetery where people are selling plots, as well as other relatives who might want to buy it, or the local paper and other sale outlets beside Craigslist.
There's no question in there but I'm sure you're aware that an agreement not to do something is not enforceable. I can't imagine why CL would be an issue. You can just as easliy end up with a low-life next to you for eternity no matter how you advertise it.
Once this processing fee is paid and the second name removed, who holds the official, one and only one, deed / document? I assumed it was like a title to anything. The person named holds it
That would be my guess. Like anything "owned" by anybody, the person who owns it should be the one possessing documentation of ownership.
They might make more money if they let us sell a plot that was going to sit vacant. If I leave it vacant for whatever reason they lose the sale of vault, marker, etc. If I could sell it they do not lose those sales items.
That doesn't make sense. You've already implied that you CAN sell it so the question of somebody not letting you sell it seems a bit strange. Besides, whoever buys it might still have a lot of years left before they need to occupy it.
Can the cemetery force us to buy a vault in the case of cremation. They are already forcing us to buy our vault from them and only use the markers that they sell.
That depends on the laws (which I am not going to take the time to read), and the cemetaries policies (as long as they are not prohibited by law).
If one of the questions is stated unclearly, then sorry. I may have an intent that is not clearly stated.
The statutes might clear up a lot for you between now and your next post.